« AnteriorContinuar »
tory to him, that the labor of such child is necessary for its surport or for the assistance of any invalid parent. Such permits shall be issued for a definite time but shall be revocable at the discretion of the judge by whom they are issued.
SEC. 2. Any employer, overseer, superintendent, or agent of such employer, who shall violate any of the provisions of this act shall, upon conviction thereof, be fined for each offense not less than $50 nor more than $100, or be imprisoned in the county jail not exceeding one month.
CODE-EDITION OF 1899.
CHAPTER 3.—Time to vote to be allowed employees.
Four hours to SECTION 52. Every person entitled to vote at any general nabe allowed.
tonal, State or county election, who may be employed by another on the day on which such election shall be held in this State, shall be given some period of four hours, or more if necessary, between the opening and the closing of the polls, on said day, for the purpose of enabling such person to repair to his place of voting to cast his vote and return; and any circuit court, or the judge thereof in vacation, may enforce the provisions of this section by mandate, or otherwise, upon the application of any voter. Every officer of any corporation, owner, superintendent, overseer, foreman or other person, who employs or permits to be employed any person against his will, in violation of this section, shall be guilty of a misdemeanor, and fined not less than fifty, nor more than five hundred dollars.
CHAPTER 5.—Protection of employees as voters.
Attempting to SECTION 7.
*; and any corporation which shall, by its influence vote. officers, agents or otherwise, prevent or attempt to prevent any
voter in its employ from attending any election, or from freely exercising his right of suffrage at any election at which he is entitled to vote, by any threat direct or indirect, express or implied, to discharge, or deprive such voter from his employment, or shall discharge or deprive such voter from its employment because of any vote he may cast, or refuse to cast, at any election at which he is entitled to vote, it shall be guilty of a misdemeanor, and shall upon conviction be fined not less than five thousand dollars nor more than twenty thousand dollars for every such offense, at the discretion of the jury.
CHAPTER 41.-Eremption of wages-Unlauful assignment of
Assigning SECTION 29a. I. It shall be unlawful for any person to insticlaims for col- tute, or permit to be instituted, proceedings in his own name, or lection outside of State.
the name of any other person, or to assign or transfer, either for or without value, any claim for debt, or liability of any kind, held by him against a resident of this State, for the purpose of having payment of the same, or any part thereof, enforced out of the wages that may be exempted by
the Code of West Virginia by proceedings in attachment or garnishment, in courts, or before justices of the peace, in any other State than in the State of West Virginia ; or to send out of this State by assignment, transfer, or in any other manner whatsoever, either for or without value, any claim or debt against any resident thereof, for the purpose or with the intent of depriving such person of the right to have his wages exempt from distress levy, or garnishment. according to the provisions * of the Code of West Virginia. And the person instituting such suit, or permitting such suit to be instituted or sending, or assigning, or transferring any such claim or debt for the purpose, or with the intent aforesaid, shall be liable in an action of debt to the person from whom payment of the same or any part thereof shall have been enforced by attachment or garnishment, or otherwise, elsewhere than in the State of West Virginia, for the full amount, payment whereof shall have been so enforced, together with interest thereon, and the cost or the attachment or garnishee proceelings, as well as the costs of said action to recover the same.
CHAPTER 66.-Earnings of married women. SECTION 12. The earnings of a married woman, or any and all Earnings property, real and personal, purchased by her with the proceeds separate prop
erty. of such earnings, shall in all cases be her sole and separate property, and shall not be subject to the control or disposal of her husband nor liable for his debts. And the separate personal property of every married woman shall be liable to the payment of her debts contracted during the coverture, as well after the coverture is terminated as during its continuance.
CHAPTER 103.-Right of action for injuries causing death.
SECTION 5. Whenever the death of a person shall be caused by When right wrongful act, neglect, or default, and the act, neglect or default is accrues. such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages in respect thereof; then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter.
Contributory negligence is matter of defense only, and freedom from such negligence need not be alleged by the plaintiff, but must be proved, if at all, by the defendant. 33 W. Va. 389.
A yardmaster in lawful command and control of a train is a conductor within the rule making the conductor not a fellow-servant with a brakeman, so that an injury caused by the conductor's negligence without fault on the part of the brakeman charges the company with liability therefor. 30 W. Va. 397. SEC. 6. Every such action shall be brought by and in the name
Who of the personal representative of such deceased person; and the sue. amount recovered in every such action shall be distributed to the parties and in the proportion provided by law in relation to the distribution of personal estate left by persons dying intestate. In every such action the jury may give such damages as they shall Damages. deem fair and just, not exceeding ten thousand dollars, and the amount so recovered shall not be subject to any debts or liabilities of the deceased : Provided, That every such action shall be com- Limitation. menced within two years after the death of such deceased person.
Suing out the writ of summons is the commencement of the action. 42 W. Va. 813.
m a y
CHAPTER 144.-Negligence of employees on public conveyances.
SECTION 17. If any driver, conductor or captain of any vehicle or Negligence boat, for public conveyance, or any person in charge of such causing injury. vehicle or boat shall, in the management of such vehicle or boat, willfully or negligently inflict bodily injury on any person, he shall be punished as for a misdemeanor.
CHAPTER 145.- Intoxication of railroad employees. SECTION 30. If any person while in charge of a locomotive en- Intoxication gine, running upon the railroad of any corporation, or while act
etc. ing as the conductor or brakeman of any car or train of cars, on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not exceeding tive hundred dollars.
CHAPTER 149.-Sunday labor. Sunday labor SECTION 16. If a person, on a Sabbath day, be found laboring at forbidden.
any trade or calling, or employ his minor children, apprentices, or servants in labor or other business, except in household or other work of necessity or charity, he shall be fined not less than fire dollars for each offense. And every day any such minor child, or servant, or apprentice is so employed, shall constitute a distinct
offense. Running Sec. 17. No forfeiture shall be incurred under the preceding seetrains. tion
for running any railroad train or steamboat on the Sabbath day, * * *; and no forfeiture for laboring on the
Sabbath day shall be incurred under the said section, by any perObservance of son who conscientiously believes that the seventh day of the week seventh day. ought to be observed as a Sabbath and actually refrains from all
secular business and labor on that day, provided he does not compel an apprentice or servant not of his belief to do secular work or business on Sunday, and does not on that day disturb any other person in his observance of the same. And no contract shall be deemed void because it is made on the Sabbath day.
Inspectors. SECTION 1 (as amended by chapter 106, Acts of 19901)a. The
governor of the State, by and with the consent of the senate, shall appoint one district mine inspector for each of the five mining districts created by this act, and a chief mine inspector who shall supervise and control the mine inspection of the State of West Virginia, and the chief shall have power to call the assistance of any one of the other five mine inspectors to any district in the State of West Virginia in case of emergency; and the chief mine inspector shall keep the reports furnished him by the five mine inspectors, and in addition thereto he shall copy said reports in a book or books by hijn purchased and kept for the purpose, and he shall index the same, and said books shall be open for inspection upon the request of any citizen of the State, and upon the request of the governor or attorney-general of this State, the said chief mine inspector shall lay said books and reports before either of said officers, and also maps of mines furnished him by the said
district mine inspectors. Penalty.
1. Any chief mine inspector who shall violate any of the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not
exceeding one year. Reports, etc. And each of the five mine inspectors shall report in writing
monthly to the chief mine inspector, the number and condition of all the mines inspected by him during each month. The chief mine inspector shall have power to remove any of the five mine inspectors, mentioned in this act, for causes hereinafter mentioned in this act, and the governor of the State shall fill all vacancies caused by removal from office. Mine inspectors created by this act shall hold their office for the term of four years, as herein after provided, unless they be sooner removed, as hereinafter provided. They shall continue in office until their successors in office are ap
pointed and qualified. Qualifica- (. Every person appointed chief mine inspector must be a cititions of chief zen of West Virginia and be a competent person, having had at inspector ;
least eight years' experience in the working, ventilation and drainage of coal mines in this State, and a practical and scientific
knowledge of all noxious and dangerous gases found in such mines. or district in- d. Every person so appointed district mine inspector must be a spectors. citizen of West Virginia, having a practical knowledge of mining and properly ventilating and draining mines, and a knowledge of the gases met with in coal mines, and must be a miner of at least six years' experience as a miner in the coal mines, or having been otherwise engaged as an employee for six years within the mines of this State; and he shall not while in office, be interested as owner, operator, agent, stockholder, superintendent or engineer of any coal mine, and he shall be of good moral character and temperate habits. An inspector of mines shall be removed from office by the chief mine inspector of this State for incompetency, neglect of duty, drunkenness, malfeasance and for other good causes.
SEC. 2 (as amended by chapter 106, Acts of 1901) a. Vacancies in Oath, etc. office of inspectors shall be filled by appointment by the goveruor of the State for the unexpired term. Every person appointed inspector of mines, shall, before entering upon the discharge of the duties of his office, take the oath before some person authorized by law to administer oaths, that he will support the Constitution of the United States and the constitution of the State of West Virginia, and that he will faithfully and impartially, to the best of his ability, discharge the duties of his office, and file a certificate of his having done so in the office of the secretary of state, and he shall give a bond in the penalty of two thousand dollars, with sureties to be approved by the governor of the State, conditioned that he will faithfully discharge the duties of his office.
b. The salary of the chief mine inspector shall be eighteen hun- Salaries. dred dollars per annum and not more than five hundred dollars for expenses, and the other five mine inspectors shall have twelve hundred dollars salary each, per annum, and not more than five hundred dollars each for expenses. Such salary and expenses shall be paid monthly out of the State treasury upon the approval of the chief mine inspector: Provided, That before payment of traveling expenses shall be made to the inspector, he shall file an account of such expenses verified by his affidavit showing that they accrued in the discharge of his official duties.
(. On the first Tuesday in April, one thousand nine hundred and Appointment. one, and every four years thereafter, the governor of the State shall, with the consent of the senate, appoint a chief mine inspector and one mine inspector for each of the five mining distriets of the State created by this act, whose term of office shall begin when he has taken the oath of office and has given the approved bond, as required by this act, and whose term of office shall be four years, or until his successor shall be duly appointed and qualified.
d. Inspectors of mines shall devote their whole time and atten- Duties. tion to the duties of their office and shall make personal examination, as set forth in sections three and four of this act, of the interior of all coal or other mines and outside of the mine where any danger may exist to the workmen employed in their respective districts. SEC. 3 (as amended by chapter 106, Acts of 1901) a. And it
Quarterly in shall be the duty of each district mine inspector to visit each mine spections. in bis district at least once every three months, and it shall be unlawful for any mine inspector to do any surveying for any mine owner or owners, during his term of office, and it shall be unlawful for any mine inspector to appoint any deputy or other person to do and perform any work required of such mine inspector, and it shall be his duty to personally perform the duties of his office hereunder. He shall also in each year, ending with the thirtieth Reports. day of June, make a written report to the chief mine inspector of his proceedings, stating therein the number of mines in his district, the improvements made in and at the mines, the extent to which this act is obeyed or violated, and such other information in relation to mines and mining as he may deem of public interest, or required of him by the chief mine inspector. Ile shall also suggest or recommend such legislation on the subject of mining as he may think necessary. Such report shall be filed with the chief mine inspector on or before the thirtieth day of September next succeeding the year for which it was made. The chief mine
inspector shall annually make a full and complete written report of his proceedings as such chief mine inspector to the governor of the State for the year ending the thirtieth of June. Such report shall include the reports from the district mine inspectors, the number of visits and inspections made in the State by the district inspectors, the quantity of coal and coke produced in the State, and the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, etc., and such other information in relation to the subject of mines, mining inspection and needed legislation, as he may deem of public interest and beneficial to the mining interests of the State. Such report shall be filed with the governor on or before the thirtieth day of December next succeeding the year for which it was made, and such report shall be printed upon the requisition of the governor, and in order that the report may be annually printed and distributed among the operators, miners and citizens of this State, the sum of fifteen hundred dollars shall annually be allowed
out of the State treasury for this special purpose. Penalty. (b) Any mine inspector failing to comply with the requirements
of this act shall be guilty of a misdemeanor, an upon conviction thereof shall be fined not less than one hundred dollars nor more
than five hundred dollars, and be dismissed from office. Districts. (c) The governor of the State of West Virginia, together with
the chief mine inspector created by this act, shall divide the State
of West Virginia into five mining districts. Semiannual
SEC. 4. Each inspector shall examine the mines of his district inspections.
at least twice every year, and oftener if called upon by twenty miners engaged in any one mine, and he shall see that all the provisions of this act are observed and strictly carried out. He shall particularly examine into the condition of the mines as to ventila
tion, drainage and general safety, and shall make a record of all Report. such examinations. He shall also for each year ending with the
thirtieth day of June, make a written report to the governor, of his proceedings as such inspector, stating therein the number of mines in his districts, the thickness of the seams mined, the number of miners employed in each mine, the condition in which the mines were found, the extent to which this act is obeyed or violated, the number of accidents and deaths resulting from injuries received in or about the mines, with the cause of each of such accidents and deaths, and such other information in relation to mines and mining, as he may deem of public interest. He shall also suggest or recommend such legislation on the subject of mining as he may think necessary. Such report shall be filed with the governor on or before the thirtieth day of December, next suc
ceeding the year for which it is made. Maps.
SEC. 5 (as amended by chapter 106, Acts of 1901). The operator or agent of every coal mine shall, within six months after the passage of this act, make, or cause to be made, unless already made and filed, an accurate map or plan of such mine, on a scale to be stated thereon, not exceeding one hundred feet to the inch. Such map or plan shall show the openings or excavations, the shafts, slopes, entries, air ways, headings, rooms, pillars, etc., and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which said mine is located, as may be within one thousand feet of any part of the workings of such mine. A true copy of such map or plan shall, within the six months aforesaid, be delivered by such operator to the inspector of his district, to be preserved among the records of his office, and turned over to his successor in office; and the original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector; and such operator shall, twice within every twelve months, and not more than seven months apart, while the mine is in operation, cause such mine to be surveyed and the map thereof extended so as to accurately show the progress of the workings, the property